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Posted (edited)
3 minutes ago, ramirezsmallman said:

We share a biological father who was never married to my mother. So I cannot provide records from marriage to my mother but his name is on both our birth certificates. Would this still be accepted?

So you are half siblings not step siblings.

Edited by SusieQQQ
Posted

According to this the facts of your case mean you can’t sponsor, unfortunately 


https://www.justia.com/immigration/marriage-family-based-petitions/green-cards-for-half-siblings-and-step-siblings/

The burden of proof is somewhat higher for paternal half-siblings than it is for full siblings. (Paternal half-siblings share the same father but have different mothers.) To bring a paternal half-sibling to the U.S., a U.S. citizen must prove that their shared father was married to the U.S. citizen’s mother, that marriage has legally ended, and the shared father has legally married the mother of the foreign national half-sibling. If the mother of the foreign national half-sibling was previously married, the U.S. citizen sponsor will need to show that her previous marriage ended before she entered into her current marriage. 

 

Filed: Country: Vietnam (no flag)
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Posted
6 minutes ago, ramirezsmallman said:

We share a biological father who was never married to my mother. So I cannot provide records from marriage to my mother but his name is on both our birth certificates. Would this still be accepted?

Maybe.

 

My USC sister-in-law is petitioning her half brother.  They share a father.  Different mothers.  

 

The father had a traditional marriage, never registered with the government, and had my SIL.  The wife died and the death was not registered either.  Then the father had another traditional marriage, never registered that marriage, and had the brother.

The father, my SIL, and her half brother all filed affidavits stating all the facts when they filed the I-130.  My SIL's birth certificate was a late birth registration (2000) and her brother's birth certificate was a late birth registration (1995).  USCIS approved the I-130 without an RFE.  This is a preliminary determination of a sibling relationship by USCIS.  We don't know if the affidavits will be sufficient when it comes time for the visa interview or whether the US Consulate will request more documentations.  Unfortunately, the father passed away last year.

 

Sorry, we can't share the affidavits with you since they contain personal information.  You just need to list the facts.

Best of luck.

Filed: K-1 Visa Country: Wales
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Posted

I am not sure what the issue is, he wants to petition her, does not cost a lot of money, why not just do it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Saudi Arabia
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Posted
17 hours ago, ramirezsmallman said:

I agree that will delay the process the longest, but I am asking because father is 86 years old and ailing. It is my understanding that if something happens to him, and the I-130 has been approved, we can finish out the process however long it takes... correct? But if he passes before I-130 is approved, then we cannot continue the process. This is why I'm asking how long it could take to get the I-130 approved? Dad wanted us to have US Citizenship but we never really moved on it and now he is really insisting we find out at least what it would take so here we are. :)

Just file and see.  Unsure how to guess at processing times these days. 

 

What happens after that, happens.  

 
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